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data protection legislation in the Berlin prison as a deterrent against use of mobile phones

On 1/13/2011, a draft law on protection of personal data in the justice and the social services of the Justice of the Land Berlin
( correctional Data Protection Act Berlin - JVollzDSG Bln ) introduced in the House of Representatives. The regulations provide, inter alia, that prisoners found in unauthorized electronic devices (computers, mobile phones) may be read.

basis, § § 25, paragraph 1 and 7, paragraph 4 of the JVollzDSG:

§ 25 draft JVollzDSG Bln reading out of data storage

(1) Electronic data storage and electronic devices with memory, the prisoner without the permission of the judiciary full turn have allowed, on an individual case-related written order of the prison management to be read, when justified by concrete evidence to believe that this is law enforcement official purposes or to the required in § 7 paragraph 4 above purposes . The data collected may be processed only to the extent necessary for the purposes stated in clause 1.

(2) applied pursuant to paragraph 1, data may not be further processed if they

first the core area of private life are third parties or

second the core area of private life are prisoners and the further processing in consideration of the implementation is referred to in paragraph 1 renewed interest in the processing and illegal storage of the data Report.

respect, the data to delete it immediately. The facts of the compilation of data and the deletion must be documented. The document may only be used for purposes of data protection controls. It is erased if they for this purpose is no longer necessary, at the latest, however, follows at the end of the calendar year preceding the year the documentation.

first instruct (3) The prisoners, the entry of the possibility of reading out of data storage.

§ 7 Draft JVollzDSG Bln - Admissibility of data processing

(1) The prison may collect personal data only to the extent that knowledge necessary for enforcement official purposes and in this Act provides otherwise. Special categories of personal data may be collected only to the extent necessary to law enforcement official purposes and in this Act provides otherwise.

(2) The prison may use personal data he has collected allowed, save, modify, suspend, and delete, if this clear to law enforcement Purposes and required by this Act provides otherwise. Where data were collected under paragraph 1, sentence 2, they must be protected during subsequent processing from unauthorized regard, § § 13 and 50 and the regulations of the 6th Section are not affected.

(1) The prison may change personal data it has collected allowed also to use, store, disable and delete if this

1. the exercise of supervisory and control powers, the automation of reporting, auditing, control of the judicial train full agreements on objectives or implementation of organizational studies for the prison serves or

second to training and testing purposes for the judicial enforcement is necessary, not so far-no legitimate interests of stakeholders conflict.

The data are pseudonymise to the extent not required to be referred to in No. 1 or 2

purposes to know the identities of the persons concerned or the Work on

the original data is usually essential.

(4) The prison may process personal data it has collected to be used for enforcement purposes, for other purposes as may be necessary

first measures for the enforcement of sentences or to proceedings before the criminal enforcement chambers, addressing actions or procedures other prisoners alone than those whose detention original cause of the survey was, then so only if these prisoners before transmission heard, indicating the intended data processing and they were no overriding legitimate interest in excluding the processing of the data concerning him

second under extraordinary appeal in connection with this Act or a deprivation of liberty in the Land Berlin,

third to avert a serious threat to public safety,

4th to prevent or prosecute criminal or

5th to prevent or prosecution of misdemeanors by which public safety or order of the institution at risk.

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The bill was referred on 13.1.2011 in the plenary session of the Berlin House of Representatives to committees: Committee on Constitutional and Legal Affairs, Immunity and the Rules of Procedure (in charge) and Committee on Home Affairs and Public Safety.

From a reply of the Berlin justice Senator response to an inquiry in the House of Representatives:

The reading of data storage - in practice, particularly of mobile phones (ie control of the call logs and text messages from seized mobile phones, according to question - the author) - comes to Enlightenment subcultural structures in the institutions to the organized crime, a significant importance. Also assumes the risk that in the case of such discovery of a cell phone at the same time the data stored on the institution becomes aware of a desired deterrent effect against the use of mobile phones.